RAJIB SAIKIA Vs. INDIAN TEA AND PROVISION LTD

JUDGEMENT

(1.) THIS Miscellaneous application has been filed seeking a direction from the Court under the provisions of Section 17b of the Industrial Disputes Act, 1947, for payment of the last drawn wages of the applicant-workman during the pendency of the writ petition registered and numbered as W. P. (C) No. 2012 of 2006 filed by the employer-management.

(2.) I have heard Mr. B. N. Sarma, learned counsel appearing for the applicant-workman and Mr. B. Sen, learned Senior Counsel appearing for the O. P. /writ petitioner. The applicant-workman was, at the relevant point of time, working as an Accounts Clerk in the Shyamguri Tea Estate which is located in the district of Sonitpur of the State of Assam. He was transferred to Pearacherra Tea Estate located in the State of Tripura with effect from 21. 1. 2002. Both the Tea Estates were under the management and control of Indian Tea and Provisions Limited i. e. the writ petitioner. Taking the stand that his transfer to the Tea Estate in Tripura was not authorized and valid the petitioner raised an industrial dispute which was referred for adjudication to the learned Labour Court at Guwahati. Specially it may be noticed that the following two questions were referred for adjudication by the learned Labour Court. "1]. Whether the Management of Shyamguri T. E. , P. S. Darrang Panbari, Dist. Sonitpur are justified in transferring Sri Rajib Saikia, Accounts Clerk to Pearcherra T. E. which is located in Tripura with effect from 21. 1. 2002. 2]. If not, whether the workman should be re-posted at the same T. E. with his full back wages or relief in life thereof. "

(3.) THE learned Labour Court on receipt of the reference registered and numbered the same as Reference Case No. 15/2003, issued notice to the contesting parties who filed their respective written statements. Therefore, evidence was adduced by both sides. The learned Labour Court by the Award dated 31. 8. 2005 took the view that transfer of the petitioner to the Tea Estate in Tripura is invalid and therefore the petitioner is entitled to be re-posted as an Accounts Clerk in the Shyamguri Tea Estate with full back wages. Aggrieved, the management has instituted the writ proceeding registered and numbered as W. P. (C) No. 2012/2006 wherein by an interim order dated 7. 4. 2006 this Court had directed that the operation of the impugned Award dated 31. 8. 2005 shall remain stayed. Thereafter, the present Miscellaneous application has been filed seeking a direction for payment of the last drawn wages of the workman under the provisions of Section 17b of the Industrial Disputes Act, 1947.